Majority
p. 701Marion G. Murphy, Appellant, v. John G. Murphy, Respondent.
Headnote
Trial — dismissal of complaint after trial —formal decision essential under Civil Practice Act, §§ 440, 441.Appeal from a judgment of the Supreme Court, entered in the Bronx county clerk’s office April 8, 1927, upon a short form decision of the court dismissing the complaint after a trial at Special Term.
The dismissal being upon the merits and not a nonsuit, a decision was essential. (McKenna v. Meehan, 220 App. Div. 690 ; Civ. Prac. Act, §§ 440, 441.)[1] The ease is, therefore, remitted to the court at Special Term for the making of a decision, which may be submitted to this court as a supplement to the present record. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Case remitted to the court at Special Term for a proper decision, which may be. submitted to this court as a supplement to the present record.
* See Laws of 1921, chap. 372, amdg. said § 441.— [Rep.